Some Thoughts on Collecting Money from an Old Collections Guy

I have been a collections attorney for almost my entire professional life. I do not claim that this makes me a better or smarter lawyer than any of my colleagues, but you can’t hang around this long without learning a few valuable lessons. Over the upcoming months, I will be sharing a few of these lessons – some learned the hard way – with you. Some of these thoughts may strike you as painfully obvious, but you would be surprised at how many people still haven’t learned them. Of course, your comments or questions are always welcome.

       You don’t have to be a jerk to be effective. Some people think that intimidation is the only way to approach a collections case. I have seen them in action. They bark and snarl, try to bully their adversary with nasty letters and threatening telephone calls. To me, this has the opposite of the intended effect. It does little more than shut down the lines of communication. When faced with this type of behavior, most debtors or their attorneys will simply tune the offender out, and wait for the next hearing or trial date, when a (presumably) rational decision-maker will be able to hear the parties’ sides of the case.

            It has been my experience that treating the people on the other side, whether they are attorneys or or are representing themselves, with courtesy and respect, leads to a productive dialogue much earlier in the case. This in turn can lead to a quicker resolution of the case.

            Of course, I am not advocating that you be anyone’s doormat, and there are obviously those occasions when you have to be firm. But it is possible to let the other side know that you are not going away, without resorting to bullying or other obnoxious behavior. There is no more rewarding feeling than getting a result that makes your client happy, and at the same time getting a thank you from the other side for your professionalism.